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N.D.Cal.: Plaintiff who was searched and detained wrongfully for erroneously being on no-fly list and did not seek damages waived her claim by voluntarily leaving country

By John Wesley Hall, Jr.

Plaintiff alien who complained of being searched and detained unnecessarily because she was on a no-fly list and could not get off of it who voluntarily left the country abandoned her Fourth Amendment claims by leaving and not seeking damages for her detention–-just future injunctive relief. Ibrahim v. Dep't of Homeland Sec., 2009 U.S. Dist. LEXIS 64619 (N.D. Cal. July 27, 2009): Although plaintiff has standing to reach the merits, her argument on the merits is compromised by the fact that she is an alien who voluntarily left the United States and thus voluntarily left her constitutional rights at the water's edge. She asserts that placing her name on the no-fly list violates her right to freely exercise her religion, her right to freely associate with other Muslims and Malaysians, her right to be free from unreasonable searches and seizures, her right to equal protection, and her right to procedural due process...continue to full post

Full post as published by Fourth Amendment on July 31, 2009 (boomark / email).